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DECISION No.957/1997/QD-TTg OF NOVEMBER 11, 1997 ON IMPROVING A NUMBER OF EXIT PROCEDURES AND RESOLVING MATTERS RELATING TO VIETNAMESE NATIONALS WHO HAVE GONE ABROAD BUT DO NOT RETURN HOME WITHIN THE PRESCRIBED TIME LIMIT

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

In order to further improve the exit procedures; to remove inconveniences for the people and resolve fully the situation where Vietnamese nationals, including officials, employees, armymen..., are illegally residing and working in foreign countries, particularly those in the former Soviet Union and in Eastern Europe;

At the proposal of the Minister for Foreign Affairs, the Minister of the Interior and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECIDES:

Article 1.-

1.- Any Vietnamese citizen who wishes to go abroad (regardless of who he/she is, purposes of exit and destination country) and meets all procedural requirements for exit shall be entitled to consideration for the granting of passport in accordance with the current regulations of the Government.

A citizen may, depending on the purposes of each exit, be permitted to use one appropriate type of passport (in accordance with a given code number issued by the passport issuing body).

2.- When going abroad, Vietnamese citizens who have obtained valid passports shall be exempted from exit visa and may travel through the international border gates of Vietnam.

Article 2.-

1.- The heads of State bodies, socio-political organizations, State enterprises, armed forces units... (hereafter collectively referred to as the "agency in charge") are answerable before law for the management of the personnel and passports of officials, employees, armymen� in their agencies, organizations, (including persons under long-term employment contracts) when sending them abroad or guaranteeing their overseas trips for public or private business.

2.- Exit and entry-control forces at the border gates shall have to disallow exit and withdraw passports of persons who are prohibited from going abroad or who have not yet been permitted to go abroad; to promptly remit these passports to the Entry and Exit Control Department of the Ministry of the Interior.

3.- The Ministry of the Interior shall assume the prime responsibility and coordinate with the concerned agencies in regularly or periodically checking the persons who are prohibited from going abroad or are temporarily not permitted to go abroad and promptly notify the exit and entry control forces at the border gate thereof.

Article 3.-

In cases where the officials, employees, and armymen on the payrolls of the State bodies, socio-political organizations, State enterprises and armed forces units have gone abroad (regardless of purposes and time of exit) voluntarily apply to stay abroad or refused to return within the prescribed time limit (the time limit is set by the agency in charge, depending on its work requirement and must be recorded in the sending document or the guarantee certification), the agency in charge shall, within ninety (90) days to the expiry date, have to fill the procedures for removing such persons from their payrolls and cutting their benefits and interests arising in Vietnam (except for those who have retired). If the persons who decide to stay abroad are members of the Communist Party of Vietnam, their agency in charge shall have to report to the Party Committee of the same level for measures to handle the matter in accordance with the provisions of the Party�s Rules.

Article 4.-

If a Vietnamese national who has gone abroad but did not return as scheduled and now wishes to have his/her Vietnamese citizenship protected, he/she must make a declaration at a representative office of the Socialist Republic of Vietnam nearest to his/her place of residence in the concerned foreign country. The representative office of Vietnam in the foreign country shall have to record in the registry book, extend his/her personal papers (if so requested) and notify the Ministry for Foreign Affairs, the Ministry of the Interior and the agency in charge thereof (if the Vietnamese national is an official, employee or armyman).

The Ministry of the Interior shall assume the prime responsibility and coordinate with the Ministry for Foreign Affairs in defining procedures for extension and issuance of personal papers for Vietnamese nationals on the principles of uniform and strict management, promptness, security and order so as to create favourable conditions for the Vietnamese nationals to reside and work legally in the foreign country(ies).

Article 5.-

If an official, post graduate, student or apprentice... who has been sent abroad to study and upgrade their knowledge with funds provided by the State or foreign parties under treaties or agreements signed between Vietnam and foreign countries (except for cases where foreign organizations send these persons for overseas training to work for them after they return to Vietnam) do not return as scheduled, he/she shall have to repay the training expenses to the State, in addition to the handling measures provided for in Articles 3 and 4 of this Decision.

The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry for Foreign Affairs, the Ministry of Education and Training, the Ministry of Science, Technology and Environment, the Ministry of Planning and Investment, determine the reimbursement rate and measures to ensure the repayment, including the measures of guaranty by relatives and deposits of the involved party before going abroad (where necessary).

Article 6.- This Decision takes effect 15 days after its signing. All earliers provisions which are contrary to this Decision are now annulled.

The ministers, heads of the ministerial-level agencies, heads of the agencies attached to the Government, presidents of people�s committees of the provinces and cities directly under the Central Government shall the have to implement this Decision.

The Prime Minister

PHAN VAN KHAI